Delivery of Title. The Company shall have no obligation to issue or deliver evidence of title for shares of Stock issued under the Plan prior to (a) obtaining any approvals from governmental agencies that the Company determines are necessary or advisable; and (b) completion of any registration or other qualification of the Stock under any applicable national or foreign law or ruling of any governmental body that the Company determines to be necessary or advisable.
Delivery of Title. (a) As of the Closing, Seller shall obtain releases of or, subject to Buyer’s consent not to be unreasonably withheld, conditioned or delayed, cause Title Company to insure over or against (i) the deeds of trust or mortgages created by Seller encumbering the Hotel and other monetary liens encumbering the Hotel affirmatively placed on the Hotel by Seller prior to the effective date of the Title Commitment (“Pre-Effective Date Seller Encumbrances”), and (ii) any liens encumbering the Hotel affirmatively placed on the Hotel by Seller after the effective date of the Title Commitment (“Post Effective Date Seller Encumbrances”). Other than as set forth in this Agreement (including, without limitation, the first sentence of this subsection 8.3(a), and the entirety of subsection 8.3(c)), Seller shall not be required to take or bring any action or proceeding or any other steps to remove any title exception or to expend any moneys therefor, nor shall Buyer have any right of action against Seller, at law or in equity, for Seller’s inability to convey title subject only to the Permitted Exceptions.
(b) Notwithstanding the foregoing, in the event that Seller is unable to convey title subject only to the Permitted Exceptions, and Buyer has not, prior to the Closing Date, given notice to Seller that Buyer is willing to waive objection to each title exception which is not a Permitted Exception, Seller shall have the right, in Seller’s sole and absolute discretion, to (i) take such action as Seller shall deem advisable to attempt to discharge or cause Title Company to insure over or against each such title exception which is not a Permitted Exception or (ii) terminate this Agreement. In the event that Seller shall elect to attempt to discharge or cause Title Company to insure over or against such title exceptions which are not Permitted Exceptions, Seller shall be entitled to one or more adjournments of the Closing Date for a period not to exceed 60 days in the aggregate. If, for any reason whatsoever, Seller has not discharged or caused Title Company to insure over or against such title exceptions which are not Permitted Exceptions prior to the expiration of the last of such adjournments, and if Buyer is not willing to waive objection to such title exceptions, this Agreement shall be terminated as of the expiration of the last of such adjournments. In the event of a termination of this Agreement pursuant to this subsection 8.3(b), the Deposit shall be refunded to Buyer an...
Delivery of Title. The Property shall be conveyed to Buyer by warranty deed (subject to the Permitted Exceptions), to be furnished by Seller at Seller’s expense and executed and delivered at Closing.
Delivery of Title. Prior to the Closing Date, Seller shall deposit ----------------- with Escrow Holder a duly executed and acknowledged Grant Deed in the form of Exhibit "B" attached hereto and incorporated herein by this reference, conveying ----------- the Property to Buyer, subject only to: (a) a lien to secure payment of real estate taxes and assessments, not delinquent, affecting the Property; (b) all matters of record not disapproved by Buyer, as described in Paragraph 5 below, affecting the Property; and (c) and all matters discoverable by means of a current ALTA survey or a physical inspection of the Property (collectively, the "Survey"), including, without limitation, Buyer's review of the Lease. Notwithstanding the foregoing, any monetary liens encumbering the Property, other than non-delinquent real estate taxes and assessments, shall be removed from title or bonded against by Seller on or before the Closing, at Seller's sole cost and expense, unless otherwise agreed to or waived by Buyer in writing. Title shall be evidenced by the issuance, as of the Closing by the Title Company, of a standard CLTA owner's policy of title insurance (the "Title Policy") in the amount of the Purchase Price showing title to the Property vested in Buyer; provided, and if available, Buyer shall have the option of obtaining additional ALTA title insurance coverage and any endorsements thereto (collectively, the "ALTA Policy"), so long as Buyer pays for the ALTA Policy and satisfies the Title Company's requirements in connection therewith, if any.
Delivery of Title. Promptly upon receipt of the Consideration, SC&C shall deliver to SXCP any documents of title for the Initial Gateway Interest, evidencing ownership thereof in the name of SXCP, and otherwise do all things necessary to have the Initial Gateway Interest transferred to SXCP and reflected on the books and records of the Operating Company, including the execution of the Assignment Agreement.
Delivery of Title. FAC is the holder of record and the sole beneficial owner of the MTI Shares and, in exchange for the Plug Power Shares in accordance with the provisions of this Agreement, FAC is assigning, transferring and delivering the MTI Shares to MTI, free and clear of all Encumbrances.
Delivery of Title. MTI is the holder of record and the sole beneficial owner of the Plug Power Shares and, in exchange for the MTI Shares in accordance with the provisions of this Agreement, MTI is assigning, transferring and delivering the Plug Power Shares to FAC, free and clear of all Encumbrances.
Delivery of Title. The Real Estate shall be conveyed to Buyer by special warranty deed, subject to the Permitted Exceptions, to be furnished at Seller’s expense and executed and delivered at Closing. Seller shall also furnish, execute and deliver at Closing a bill of sale for the transfer of the Irrigation Equipment.
Delivery of Title. Seller shall furnish at Seller’s expense, and shall execute and deliver at Closing, a Limited Warranty Deed (with customary LLC provisions) conveying the Property to Buyer subject to the Permitted Exceptions.
Delivery of Title. The Purchased Surface Tracts shall be conveyed to Buyer by a Deed (without warranty) substantially in the form of Exhibit D, to be furnished by Seller at Seller’s expense and executed and delivered at Closing.
